Recent Publications - Professional Liability


NY Court of Appeals Issues New Decision Regarding Judiciary Law § 487 Claims
April 13, 2020 | Professional Liability

The New York State Court of Appeals recently issued an important opinion on a question that often arises in legal malpractice cases: What consequences befall attorneys who encourage their client to bring a case that they know is meritless? In Bill Birds, Inc. et al. v. Stein Law Firm, P.C., 2020 N.Y. Slip Op. 02125

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Pandemic Prompts Focus on Attorney Civility
April 2, 2020 | Professional Liability

COVID-19 has sent litigation into a tailspin, with court closings and moratoriums on filings leaving attorneys scrambling to figure out how to balance their obligations to their clients to keep cases moving with the obstacles now in place. Many attorneys are not practicing out of their offices, do not have access to key files, and

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Protect Your Videoconference from the ‘Zoombombing’ Epidemic
April 1, 2020 | Privacy, Data & Cyber Law

The New York Times reported that New York Attorney General Letitia James sent a letter to Zoom Video Conferencing, Inc. asking it to address recent challenges to its data privacy and security practices. One security problem that the letter discussed was the infiltration of hackers into the Zoom videoconference platform in a practice referred to

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Coronavirus Update – Workforce Reduction and Litigation Impacts
March 23, 2020 | Professional Liability

In recent days, the State of New York has instituted a number of emergency measures affecting business professionals.

All employers in New York State providing non-essential services have been directed to reduce their in-person workforce by 100% no later than March 22 at 8 p.m. This order will likely require many business professionals to transition

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Professional Liability Bulletin – Coronavirus Edition
March 17, 2020 | Professional Liability

The coronavirus pandemic is creating challenges for all sectors of the economy, including for various business professionals. While some steps have been taken to mitigate immediate concerns, professionals must remain aware of their obligations and be mindful of potential pitfalls in this uncertain environment.

For example, the legal profession, which typically relies on in-person appearances,

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8 Steps to Shoring Up Your Data Privacy Practices
January 28, 2020 | Privacy, Data & Cyber Law

January 28 is National Data Privacy Day, and with it comes a perfect opportunity to evaluate your company’s data privacy practices.

American consumers increasingly want the right to control the collection and use of their personal information. Importantly, they also want a means to exercise that right when personal information is wrongfully disclosed. A flurry

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January 22 Deadline to File Claim in Equifax Settlement
January 16, 2020 | Privacy, Data & Cyber Law

On January 13, 2020, the United States District Court, Northern District of Georgia issued final approval of a settlement of a consumer class action against Equifax for the 2017 data breach that compromised the personal information of 147 million consumers. The settlement includes the establishment of a reimbursement fund of $380.5 million, as well as

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Court Rejects “Certainty of Hopelessness” Standard for Discharging Student Debt
January 8, 2020 | Bankruptcy | Banking

Hon. Cecelia G. Morris, Chief Judge of United States Bankruptcy Court for the Southern District of New York, put down a momentous decision on January 7, 2020, granting summary judgment in favor of a debtor in an adversary proceeding seeking to have $221,385.49 in student loan debt declared dischargeable in bankruptcy. See, Rosenberg v. N.Y.

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EU’s Top Court Limits ‘Right To Be Forgotten’
October 15, 2019 | Privacy, Data & Cyber Law

While the U.S. government remains unable to enact comprehensive privacy legislation in response to new technologies and growing privacy concerns, numerous states across the country, including New York, have adopted privacy laws and regulations seeking to address specific issues or that are applicable to specified entities. Some of these new rules affect a broad swath

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Consumer Watchdog Warns of Security Risk of Internet-Connected Vehicles
August 20, 2019 | Privacy, Data & Cyber Law

In a recently issued report, titled “Kill Switch: Why Connected Cars Can Be Killing Machines and How to Turn Them Off,” Consumer Watchdog, a nonprofit consumer advocacy organization, warned that millions of internet-connected cars already on the roadways may be dangerously vulnerable to hacking. While fully autonomous self-driving vehicles may be years away from widespread

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